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HESSELBERG v. ÆTNA LIFE INS. CO.

No. 11108.

102 F.2d 23 (1939)

HESSELBERG et al. v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

February 28, 1939.

Attorney(s) appearing for the Case

Clem F. Storckman, of St. Louis, Mo. (P. H. Cullen and Cullen Coil, both of St. Louis, Mo., on the brief), for appellants.

James C. Jones, Jr., of St. Louis, Mo. (Vincent L. Boisaubin, James C. Jones, and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

On or about March 4, 1931, appellee issued its policy No. N-892288, dated January 6, 1931, upon the life of appellant Dan C. Hesselberg, in which it agreed to pay to appellant Jennie Hesselberg, beneficiary, the sum of $10,000 upon the death of the insured. This policy of insurance contained a clause which insured against permanent total disability. The policy also by its terms was incontestable after being in force for two years from...

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